General terms and conditions of the online store (e-shop)
Article I.
Definition of terms
The operator of the website (e-shop) www.thaioase.sk is the company Suang s. r. o., with registered office Budatínska 3230/16 Bratislava – Petržalka district 851 06.
The seller of www.thaioase.sk is the company Suang s. r. o., with its registered office Budatínska 3230/16 Bratislava – Petržalka district 851 06 and its office Podchod Hodžovo námestie, Bratislava – Staré mesto, 811 06. The company’s details are as follows – ID number: 53122470. The company is registered in the extract from OR OS Bratislava I, Dept.: Sro, Registration No.: 146210/B
The supplier of goods and services offered in the e-shop www.thaioase.sk is the company Suang s. r. o., with its registered office Budatínska 3230/16 Bratislava – Petržalka district 851 06 and its office at Podchod Hodžovo námestie, Bratislava – Staré mesto, 811 06.
A buyer is every visitor to the e-shop who created an order through the e-shop. For the purposes of Act No. 102/2014 Coll. consumer means a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession.
An e-shop is a computer system located on the Internet with public access, which enables the ordering of goods or services.
Goods or services are all products published on the e-shop pages.
The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete filling of the order form.
The buyer fully acknowledges electronic communication, primarily through the e-shop, e-mail communication, as well as telephone communication.
In connection with the sale or ordering of goods on the basis of a purchase contract concluded at a distance between the seller and the buyer, or in the case of any ambiguities or problems related to this contract, the buyer can contact the seller at phone number +421 915 777 077 or by email at info @thaioase.sk.
Supervisory authority:
Regional Office of Public Health Bratislava
Ružinovská 8
820 09 Bratislava
Article II.
Price
All listed prices for goods are in EUR, are final and include 20% VAT.
The seller is bound by the price indicated on the e-shop page at the moment of making the purchase.
The shipment with the ordered goods will include an invoice (tax document), which serves as a delivery and warranty certificate. The ordered goods, transport costs, or cash on delivery fee will be invoiced.
Validity period of the price action offer – all actions are valid until stocks last, unless otherwise stated for a specific product.
The seller reserves the right to change prices in the event of a change in legislation, a change in currency rates, a significant increase in inflation and a change in prices from manufacturers and suppliers of goods. In such a case, the buyer has the right to withdraw from the contract.
The seller reserves the right to demand payment of an advance in the amount of at least 50% of the purchase price of the goods in the case of an order of goods manufactured or ordered for one consumer.
Customers from the Czech Republic with goods delivered in the Czech Republic pay for the goods in cash directly to the courier upon delivery in CZK, which is calculated as the total price in EUR stated in the invoice x CZK 28. The resulting price in CZK is rounded down to whole Czech crowns.
Article III.
Order
The order is created by confirming the ordering process in the e-shop by selecting goods or services by the buyer, including the complete filling of the order form. In order to complete the order correctly, it is necessary to fill in the required data in the order and to choose the options of transport and payment for the ordered goods or services.
By sending the order, the buyer agrees to the price of the ordered goods and services, and thus the order becomes binding for the consumer.
Confirmation of the order by the seller creates a purchase contract, which can be changed, canceled or supplemented only on the basis of a mutual agreement between the buyer and the seller, unless the law or other legal regulation stipulates otherwise. The confirmation of the order by the seller is the dispatch of the goods.
After creating an order in the e-shop, the buyer receives an automatically generated e-mail confirming the acceptance of the order by the e-shop. This e-mail is not a confirmation of the goods in the sense of par. 3. of this article.
By sending the order, the buyer is bound to pay the purchase price of the ordered goods.
If the seller is not able to fulfill the order or part of it within the deadline for processing the order while making the best effort, for reasons such as that the goods are not produced, are not available at the manufacturer or at the supplier’s external warehouse, the manufacturer has made such serious changes that it is impossible to implement the order or for reasons of force majeure, he can cancel the order, about which he will send an e-mail to the buyer. The seller also has the right to cancel the order if the buyer has provided false or misleading information in the order that cannot be verified, for example an incorrect e-mail or telephone contact. If the buyer has paid an advance payment, it must be returned to him within 14 days.
Article IV.
Payment terms
You can pay for goods and services in the e-shop in the following ways:
a) payment on delivery (payment directly to the courier or at the post office when receiving the goods)
b) payment on the basis of an advance invoice – in advance, the goods will be shipped after receipt of funds to our account,
c) payment in cash directly at the address of the company’s office upon personal collection of the goods
d) payment on the basis of an invoice with the due date specified in the invoice,
Surcharges for individual payment options are listed in Art. VI of these general terms and conditions.
The seller can provide the buyer with discount options:
a discount on the price for registering in the e-shop,
repeat purchase discount,
individual loyalty discount,
discount based on a one-time discount coupon,
Discounts cannot be combined.
Article V.
Delivery conditions
The seller is obliged to send the goods to the buyer within 30 days from the creation of the order, unless they have agreed otherwise, or if a longer delivery period has not been specified for the goods.
If the goods are in stock, they are dispatched as soon as possible according to capacity.
If the order includes several goods and services and some of them are not in stock, we inform the buyer about this with the possibility of partial deliveries.
Along with the goods, the customer is sent an invoice (tax document), instructions as well as other documents for the goods or service from the manufacturer.
The place to which the goods are delivered is considered the place of performance.
The seller carries out transport to the buyer through:
a) Slovak Post,
b) courier company,
c) in person at the address of our establishment.
Article VI.
Fees for transport, cash on delivery, packaging and payment options
When paying in advance to a bank account based on an advance invoice or cash on delivery, we charge for shipping:
a) in the case of transport by Slovak Post with the Parcel service to the post office with delivery of 3 works. days after dispatch from our warehouse – €3 (the service is only available for customers from Slovakia and for orders with a value of goods up to EUR 70)
b) when transported by a courier company with delivery within the entire Slovak Republic within 2 working days after dispatch from our warehouse as follows (valid only for customers from Slovakia):
orders worth up to EUR 330 – EUR 4
orders over EUR 330 – free of charge
c) for transport by a courier company with delivery within the entire Czech Republic within 3 working days after dispatch from our warehouse as follows (valid only for customers from the Czech Republic) – €6
If you choose the option of payment in cash when picking up the goods in person directly at the address of our establishment Suang, s.r.o., with registered office Budatínska 3230/16, Bratislava 85106 and with office Podchod Hodžovo námestie, Bratislava – Staré mesto, 811 06., payment is free of charge.
The fee for delivery of goods on delivery by Slovak Post or courier service is €1.80. The minimum value of the goods ordered on cash on delivery must be EUR 10, or the payment for the ordered goods must be paid in advance, via bank transfer, on the basis of the advance invoice issued by us and sent by e-mail.
Cash on delivery means that the payment is made in cash by the client at the time of delivery of the parcel by courier service or at the client’s post office.
The seller can also agree with the buyer on a procedure other than the standard (mentioned above) when sending goods or services as well as prices for these services.
Article VII.
Transfer of ownership
The right of ownership passes from the seller to the buyer only at the moment of payment of the full price for the subject of the purchase contract.
The seller reserves the right to dispose of the goods or services, which are still subject to the seller’s right of ownership, in the event of a claim by the buyer, only at the moment of full payment of the subject of the purchase contract.
Article VIII.
Cancellation of the purchase contract
The buyer has the right to cancel the ordered goods or services within 24 hours from the conclusion of the purchase contract without a cancellation fee for goods that are not made to order, custom-made, according to the specific requirements of the consumer or especially for one consumer.Article IX.
The right of the consumer to return the goods without giving a reason and the instruction of the consumer
On the basis of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws (hereinafter referred to as „the Law“) according to the provisions of §7 et seq. the right to withdraw from the purchase contract within 14 calendar days days from the day of receipt of the goods, if it is not a sale of goods made according to the special requirements of the buyer, goods made to measure or intended specifically for one buyer (e.g. goods of special dimensions or non-standard design). If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before the delivery of the goods.
If the consumer wishes to use this right, the consumer is obliged to personally deliver a written withdrawal from the purchase contract no later than on the last day of the specified deadline to the seller’s contact address or hand over this withdrawal for postal transport no later than the last day of the deadline to the address of Suang, s.r.o., with registered office at Budatínska 3230/ 16, Bratislava 85106. After notification of withdrawal from the contract, the consumer is obliged to send or personally deliver the object of the contract from which he is withdrawing together with all documentation – e.g. the original invoice, instructions and other documentation, or gifts for the purchase of goods that were delivered to him together with the goods, but no later than 14 days from the day of withdrawal (§10 paragraph 1 of the Act). We recommend that buyers make a copy of the invoice for their own use and send the goods by registered mail and as an insured shipment. To withdraw from the contract, you can use the form „Withdrawal from a purchase contract concluded at a distance“, which you can find on the website www.thaioase.sk/reklamacie, in which you need to fill in all the data.
Do not send us cash on delivery, such goods will not be accepted.
The operator of the e-shop will return the payment made for the goods/services, including the costs of transport in accordance with para. §9 par. 3) Act no. 102/2014 Coll. as well as the costs demonstrably spent on ordering the goods within 14 days from the date of delivery of the withdrawal from the contract, but he does not have to return the money before the goods are delivered to him or the consumer does not prove that the goods have been sent, this does not apply if the seller suggested that he collect the goods himself.
The cost of returning the goods is borne by the consumer.
The right to withdraw from the contract does not apply to goods and services defined in §7 par. 6 letters a) to l) of Act no. 102/2014. z.z.
The consumer bears any reduction in the value of the goods, which was caused by its use beyond the scope necessary to determine the functionality and properties of the goods.
The resolution of complaints is governed by the complaints procedure, which is part of the terms and conditions and is published on the website in the complaints section www.thaioase.sk/reklamacie.
Article X.
Guarantees
We provide a warranty for the delivered goods within the statutory period. The warranty applies only to manufacturing defects.
The warranty period begins on the day the buyer receives the goods.
The warranty does not apply to consumables, to defects caused by unprofessional handling, inappropriate handling, interference by the buyer or third parties, or by exposing it to extreme and unusual conditions for which the product is not intended.
In case of removable defects on the goods, the buyer has the right to have this defect removed free of charge, in a timely manner, or has the right to exchange goods. The buyer acknowledges that the seller can always exchange defective goods for perfect ones, if this does not cause serious difficulties for the buyer.
When taking over the goods, the buyer is obliged to immediately check whether the goods are the ones that were ordered, whether they are in an intact state, whether there are no obvious defects (intactness of the original packaging or the sender’s original adhesive tape, visible damage to the packaging of the shipment, visible partial loss) and in the event, if the goods upon receipt do not correspond to the purchase contract, the recipient is obliged to indicate the discrepancies on the carrier’s bill of lading or immediately write a note about the damage and is obliged to inform the seller immediately. The notification must include a list of damaged goods, the goods code, the invoice number, a brief description of the defect and other additional information information depending on the type of goodsArticle XI.
Rights and obligations of the contracting parties
The seller and the buyer are considered to be the parties to the contract.
The buyer is obliged to:
take over the ordered goods,
pay the agreed remuneration for the goods to the seller,
check the integrity of the package or and the goods themselves when they are received.
The seller is obliged to:
deliver goods to the customer in the required quality, quantity and at the agreed price,
together with the goods or additionally send the customer all documents related to the goods, such as the invoice for the goods, operating instructions in a codified form of the Slovak language.
Article XII.
Protection of personal data
Personal data are processed in accordance with Act No. 122/2013 Coll. on personal data protection as amended.
The operator does not provide the buyer’s personal data to a third party, except for the transport company that ensures the delivery of goods or services, or to state authorities in the event of an inspection, in which case these entities are third parties.
The operator receives the following personal data from the buyer: title, first name, last name, address, delivery address, telephone number, e-mail address.
The personal data provided by you are processed for the purpose of correct processing of your order.
The operator is obliged to secure personal data before they are made available to unauthorized persons, which have been processed in security measures.
The person concerned has the rights defined in accordance with sec. § 28 et seq. Act no. 122/2013 Coll. on personal data protection as amended.
If the buyer agreed to the processing of personal data when registering in the e-shop for marketing purposes, he agreed to sending primarily e-mail messages to the contact e-mail address, contacting by phone or sending addressed mail to the contact address.
Personal data for marketing purposes in the scope of first and last name, telephone number, address and e-mail address are provided for the necessary period and exclusively for the purpose and in connection with the conclusion of a purchase contract through this e-shop.
The buyer can revoke his consent in writing at any time by sending a Revocation with the processing of personal data, while we block or dispose of them immediately. And we will no longer use the personal data provided by you for marketing purposes.
If the buyer agreed to the processing of personal data when registering in the e-shop with registration in the loyalty program, he agreed to the collection of personal data obtained, including information about orders, for the purpose of providing discounts.
Personal data for the loyalty program in the scope of first and last name, telephone number, address and e-mail address are provided for a period of five years.
The buyer can revoke his consent in writing at any time by sending a Revocation with the processing of personal data, while we block or dispose of them immediately. And we will no longer use the personal data provided by you in the loyalty program.Article XIII.
Contract penalty
The seller has the right to compensation for damages (according to § 420 et seq. of the Civil Code), in the event that the buyer ordered goods that he did not cancel or did not withdraw from the contract and at the same time did not take over the goods from the carrier or, upon the seller’s request, in the case of choosing personal collection, did not take over the goods within the specified collection period. By this action, the buyer violated his obligation stated in Art. XI point 2 letter a), according to which the buyer is obliged to take over the ordered goods.
When determining the amount of damages, the seller primarily takes into account transport costs and related fees in the case of sending the goods, costs associated with packaging, shipping and order administration, as well as all other costs incurred by him in the execution of the order in question, and at the same time he has the right to charge and lost profit.
The seller has the right not to exercise the right to compensation for damages or to exercise this right only in part.
Article XIV.
Final Provisions
The seller reserves the right to amend these general terms and conditions and complaint conditions even without prior notice to the buyer. In the event of a change to the general business conditions or complaint conditions, the entire purchase process is governed by the general business conditions that were valid at the moment the order was sent by the buyer and these are accessible on the seller’s website.
Complaint conditions are also an integral part of these general terms and conditions.
By sending the order, the buyer has read the general business conditions as well as the complaint conditions.
These general business conditions and complaint conditions are available at the company’s headquarters for inspection by buyers, as well as published on the website of the e-shop.
If the consumer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights, he has the opportunity to contact the seller for a rectification request. If the seller responds negatively to the request for correction or does not respond to it within 30 days from the date of its dispatch, the consumer has, in accordance with § 12 of Act no. 391/2015 Coll. on the alternative resolution of consumer disputes and on the amendment of certain laws, the right to submit a proposal to initiate an alternative resolution of one’s dispute. The competent entity for alternative resolution of consumer disputes with the operator of the e-shop is the Regional Office of Public Health with headquarters in Košice (www.ruvzke.sk) or another relevant authorized legal entity registered in the list of entities for alternative resolution of disputes maintained by the Ministry of Economy of the Slovak Republic (http:/ /www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov), while the consumer has the right to choose which of the listed entities of alternative the resolution of consumer disputes will be reversed. At the same time, the consumer can use the online dispute resolution platform, which is available at http://ec.europa.eu/consumers/odr/, to submit a proposal for an alternative resolution of their dispute. The consumer can find information about fees for the proposal on the website of a specific alternative dispute resolution entity.
Relationships not otherwise regulated in these general terms and conditions as well as in their inseparable parts (appendices) are governed by the relevant provisions, primarily Act no. 40/1964 Coll., Act no. 250/2007 Coll., Act no. 102/2014 Coll., Act no. 122/2013 Coll., Act no. 22/2004 Coll. as well as Act no. 513/1991 Coll.
These general terms and conditions, including their inseparable parts, become valid and effective on December 1, 2018.
In Bratislava, 1 December 2018
Daniel Kuba
company manager